지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 저널정보
- 노동법이론실무학회 노동법포럼 노동법포럼 제41호
- 발행연도
- 2024.3
- 수록면
- 55 - 96 (42page)
- DOI
- 10.46329/LLF.2024.03.41.55
이용수
초록· 키워드
오류제보하기
This paper aims to examine the legal issues related to the elderly employment maintenance. The focus of the paper are two points, the first is about mandatory retirement age system and the second is about reemployment after the retirement age. The main Act concerning elderly employment maintenance is “Act on Prohibition of Age Discrimination In Employment And Elderly Employment Promotion(ADEEP)”. ADEEP is a regulation about statutory retirement age, 60 year of age or older.
When the system was introduced, extension of statutory retirement age was done with restructuring of wage systems, so called “wage peak” that is a kind of pay cut for elderly employees. The Supreme Court has been judged that wage peak system is valid only when used to extend retirement age and The Court emphasized that procedures for amending the rules of employment is definitely required consent of the majority of employees regardless social reasonableness. According to this Supreme Court perspectives, restructuring of wage systems following extension of retirement age is difficult to be valid at the workplace.
The other point to dealing with this paper is re-employment of retirees and expectant right to renew employment contract. ADEEP regulates that a person having reached the retirement age desires to be reemployed in the same place of business, the employer shall endeavor to re-employ such person in a type of occupation that suits to his or her ability to perform duties. This is a kind of recommendation not combined with penalties. The Supreme Court has been judged that renewal expectation are also recognized for employees with periods past retirement age, although for reasonable factor may be taken into account. However, the cases that in the process some employee are unable to be re-employed for a commissioned job after retirement and their employment contracts are terminated. Considering such attitude of the Supreme Court, it may be assessed that when the expectant right to renew employment contract is recognized, the legal prociples on limitatioin of dismissal is not applied and is rather analogically applied, and the standard for judging the existence of justifiable cause of rejecting renewal of employment contract is becoming strict.
When the system was introduced, extension of statutory retirement age was done with restructuring of wage systems, so called “wage peak” that is a kind of pay cut for elderly employees. The Supreme Court has been judged that wage peak system is valid only when used to extend retirement age and The Court emphasized that procedures for amending the rules of employment is definitely required consent of the majority of employees regardless social reasonableness. According to this Supreme Court perspectives, restructuring of wage systems following extension of retirement age is difficult to be valid at the workplace.
The other point to dealing with this paper is re-employment of retirees and expectant right to renew employment contract. ADEEP regulates that a person having reached the retirement age desires to be reemployed in the same place of business, the employer shall endeavor to re-employ such person in a type of occupation that suits to his or her ability to perform duties. This is a kind of recommendation not combined with penalties. The Supreme Court has been judged that renewal expectation are also recognized for employees with periods past retirement age, although for reasonable factor may be taken into account. However, the cases that in the process some employee are unable to be re-employed for a commissioned job after retirement and their employment contracts are terminated. Considering such attitude of the Supreme Court, it may be assessed that when the expectant right to renew employment contract is recognized, the legal prociples on limitatioin of dismissal is not applied and is rather analogically applied, and the standard for judging the existence of justifiable cause of rejecting renewal of employment contract is becoming strict.
목차
Ⅰ. 시작하며
Ⅱ. 정년제 관련 법률관계와 쟁점
Ⅲ. 고령 근로자의 재고용 관련 법률관계와 쟁점
Ⅳ. 마치며
참고문헌
Abstract
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